HomeMy WebLinkAboutContract 55352 CSC No.55352
STANDARD SPACE LEASE
Between
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
And
CITY OF FORT WORTH,TEXAS
Lease No. 697DCM-18-L-00065
(ASW)Airport Traffic Control Tower(ATCT)&Administration Building
Alliance Airport
Fort Worth,Texas
SECTION 1 - OPENING
6.1.1 Preamble(JAN 2017)
This Lease is hereby entered into by and between The City of Fort Worth,Texas,hereinafter referred to as the
Lessor and the United States of America,acting by and through the Federal Aviation Administration,hereinafter
referred to as the Government. The terms and provisions of this Lease,and the conditions herein,bind the Lessor
and the Lessor's heirs,executors,administrators,successors, and assigns.
For purposes of this Lease,the terms Contractor and Lessor are interchangeable with each other.
6.1.2 Succeeding Lease(JAN 2015)
This Lease supersedes Lease No.DTFASW-09-L-00042 and all other previous agreements between the parties for
the leased property described in this document.
6.1.3 Witnesseth(JAN 2015)
Witnesseth:The parties hereto,for the consideration hereinafter mentioned covenant and agree as follows:
6.1.4 Description(JAN 2017)
The Lessor hereby leases to the Government the following described premises;Approximately 5,635 rentable square
feet of space situated in the Airport Traffic Control Tower,at Alliance Airport and bearing the municipal address of
2300 Alliance Boulevard,Fort Worth,Texas 76177,as follows: control cab(700 sq.ft.),administrative base
building(4,000 sq.ft.),equipment room in base building(675 sq.ft.),equipment space,tower shaft(260 sq. ft.).
Said premises are more particularly shown on Exhibit"A," attached hereto and made a part hereof,to be used for
such purposes as determined by the Federal Aviation Administration(FAA).
The Lessor shall provide forty-five(45)paved vehicle off-street parking spaces at no additional cost to the
Government. With respect to compliant accessible parking spaces,see the"Accessibility" clause.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Lease No.697DCM-1 8-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
SECTION 2-TERMS
6.2.5 Term(AUG 2002)
To have and to hold,for the term commencing on October 1,2019 and continuing through September 30,2029
inclusive,provided that adequate appropriations are available from year to year for the consideration herein.
6.2.6 Consideration(JUL 2017)
The Government shall pay the Lessor rent and set operating expense for the premises in a total amount of
$154,728.00 per annum,payable as follows:$12,894.00 payable monthly to The City of Fort Worth,Texas.
Payment shall be made in arrears,without the submission of invoices or vouchers.Payments are due on the first
business day following the end of the payment period and are subject to available appropriations.The payments
shall be directly deposited in accordance with the"Payment by Electronic Funds Transfer"clause in this Lease.
Payments shall be considered paid on the day an electronic funds transfer is made.
Rent Per Square Foot Rent Per Annum
Base Rent $15.50 $ 87,333.40
Operating Expenses $11.96 $ 67,394.60
Total Amount Due $27.46 $154,728.00
Beginning October 1,2020,and each year after,the Government shall reimburse the Lessor for changes in the
operating expenses. These costs will be based on the ratio of square feet occupied by the Government to the total
rentable square feet in the building.
The Government will pay actual operating expenses incurred each Government fiscal year(October 1 -September
30)after the first year.To justify any increase in operating expenses,the Lessor will submit supporting documents
(i.e.copies of invoices paid)to request any additional payments.The Lessor must furnish invoices and
documentation to the Government by December 31 of the same calendar year.Only one adjustment will be made
annually and will become effective thirty(30)days from receipt of notice,but no earlier than the first day of October
of the adjustment year.Upon approval of the request by the RECO,the Government will provide the Lessor with a
lump-sum payment.Operating expenses shall not increase more than five percent(5%)in any one year.
In the event of any decreases in operating expenses during the term of the Government's occupancy under this lease,
the rental amount of costs of services and utilities will be reduced accordingly.The amount of such reductions will
be determined in the same manner as increases in rent provided under this article.
6.2.7 Cancellation(JUL 2017)
The Government may terminate this Lease at any time,in whole or in part,if the Real Estate Contracting Officer
(RECO)determines that a termination is in the best interest of the Government.The RECO shall terminate by
delivering to the Lessor a written notice specifying the effective date of the termination.The termination notice shall
be delivered by certified mail return receipt requested and mailed at least 30 days before the effective termination
date.
6.2.14 Holdover
If after the expiration of the Lease,the Government shall retain possession of the premises,the Lease shall continue
in full force and effect on a month-to-month basis.Payment shall be made in accordance with the Consideration
clause of the Lease,in arrears on a prorated basis,at the rate paid during the Lease term.Operating Expenses will be
paid based on the last year's rate before the expiration of the Lease.This period shall continue until the parties have
signed a new lease,the Government has acquired the property in fee,or the Government has vacated the premises.
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Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.2.16 Lessor's Successors(JUL 2017)
The terms and provisions of this Lease and the conditions herein bind the Lessor and the Lessor's heirs,executors,
administrators, successors,and assigns.
SECTION 3 - GENERAL CLAUSES
3.2.5-1-RE Officials Not to Benefit(OCT 1996)
No member of or delegate to Congress,or resident commissioner,shall be admitted to any share or part of this lease,
or to any benefit arising from it.However,this clause does not apply to this lease to the extent that this lease is made
with a corporation for the corporation's general benefit.
3.3.1-15-RE Assignment of Claims(OCT 1996)
Pursuant to the Assignment of Claims Act,as amended,31 U.S.C. §3727,41 U.S.C. §6305 the Lessor may assign
his rights to be paid under this lease.
6.3.7 Accessibility(JAN 2017)
The building and the leased premises shall be accessible to persons with disabilities pursuant to the Architectural
Barriers Act and Rehabilitation Act as detailed in the Architectural Barriers Act Accessibility Standards(ABAAS)
41 CFR Parts 102-71, 102-72,et al,and all applicable state and local accessibility laws and regulations.ABAAS is
available at www.access-board.gov.The Lessor shall provide written certification of the building's compliance with
ABAAS.
Subject to the exception set forth herein,separate ABAAS compliant toilet facilities for men and women shall be
provided on each floor where the Government leases space. Separate ABAAS compliant toilet facilities shall not be
required if due to the age of the building,design layout,or other structural requirements, it is technically infeasible
to do so.In the event the Lessor determines that it is technically infeasible to provide separate ABAAS compliant
toilet facilities,the Lessor shall provide the basis for the determination of technical infeasibility in writing to the
RECO,together with all supporting documentation.
With respect to all restrooms,water closets,and urinals,they shall not be visible when the exterior door is open.
Each toilet room shall contain toilet paper dispensers,soap dispensers,paper towel dispensers,waste receptacles,a
coin operated sanitary napkin dispenser with receptacle for each toilet in the women's restroom,disposable toilet
seat cover dispensers, a convenience outlet,and hot and cold water.No fewer than two drinking fountains shall be
provided. One drinking fountain shall be a low unit commonly called a wheelchair unit and one drinking fountain
shall comply with standing persons requirements,unless sufficient space is not available to provide both a
wheelchair unit and a standing persons unit.In such instance,and subject to the approval of the RECO,a single unit
able to accommodate both disabled and non-disabled persons shall be provided.
In addition,compliant accessible parking spaces shall be provided in accordance with the ABAAS requirements as
detailed in 42 U.S.C.4151 and as set forth in the ABAAS Scoping Requirements.
6.3.8 Changes(JAN 2017)
A. The RECO may at any time,by written order,make changes within the general scope of this Lease in any one or
more of the following:
1.Work or services;
2.Facilities or space layout;or
3.Amount of space
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Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
B.If any such change causes an increase or decrease in Lessor's cost of or the time required for performance under
this lease,whether or not changed by the order,the RECO shall modify this Lease to provide for one or more of the
following: -
1.An equitable adjustment in the rental rate;
2.A lump sum equitable adjustment;or
3.An equitable adjustment of the annual operating costs per occupiable square foot.
C.The Lessor shall assert its right to an adjustment under this clause within 30 days from the date of receipt of the
change order and shall submit a proposal for adjustment.Failure to agree to any adjustment shall be a dispute under
the Contract Disputes clause. However,nothing in this clause shall excuse the Lessor from proceeding with the
change as directed.
D.Absent such written change order,the Government shall not be liable to the Lessor under this clause.
6.3.16 Failure in Performance(OCT 1996)
In the event the Lessor fails to perform any service,to provide any item,or meet any requirement of this Lease,the
Government may perform the service,provide the item,or meet the requirement,either directly or through a
contract.The Government may deduct any costs incurred for the service or item, including administrative costs,
from the rental payments.No deduction of rent pursuant to this clause will constitute default by the Government on
this Lease.
6.3.17 No Waiver(OCT 1996)
No failure by the Government to insist upon strict performance of any provision of this Lease,or failure to exercise
any right,or remedy consequent to a breach thereof,will constitute a waiver of any such breach in the future.
6.3.18 Non-Restoration(JUL 2017)
It is hereby agreed between the parties that,upon termination of its occupancy(due to termination or expiration of
the Lease)the Government shall have no obligation to restore and/or rehabilitate,either wholly or partially,the
property that is the subject of this lease, including any holdover period. It is further agreed that the Government may
abandon in place any or all of the structures and equipment installed in or located upon said property by the
Government during its tenure. Such abandoned equipment shall become the property of the Lessor.
6.3.26 Damage by Fire or Other Casualty(OCT 1996)
If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally
hazardous conditions are found to exist so that the leased premises is untenantable as determined by the
Government,the Government may terminate the Lease,in whole or in part,immediately by giving written notice to
the Lessor and no further rental will be due.
6.3.27-1 Occupancy Permit(JAN 2017)
The premises offered will have a valid Occupancy Permit,issued by the local jurisdiction,for the intended use of the
Government,or the Lessor will complete and provide a certified copy of the "FAA Safety&Environmental
Checklist" form,in lieu of an occupancy permit,at the RECO's discretion.
6.3.29 Alterations
Upon written notification,the Government shall have the right during the term of this Lease,including any
extensions thereof,to make alterations,attach fixtures,and erect structures or signs in or upon the premises hereby
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Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
leased.All alterations and additions are and will remain the property of the Government and may be removed or
otherwise disposed of by the Government.The parties hereto mutually agree and understand,that no restoration
rights shall accrue to the Lessor for any alterations or removal of alterations to the leased premises under this Lease,
and that the Government shall have the option of abandoning alterations in place,when terminating the Lease,at no
additional cost.
6.3.30 Hold Harmless(OCT 1996)
In accordance with and subject to the conditions,limitations and exceptions set forth in the Federal Tort Claims Act
of 1948,as amended(28 USC 2671 et.seq.),hereafter termed"the Act"the Government will be liable to persons
damaged by any personal injury,death or injury to or loss of property,which is caused by a negligent or wrongful
act or omission of an employee of the Government while acting within the scope of his office or employment under
circumstances where a private person would be liable in accordance with the law of the place where the act or
omission occurred.The foregoing shall not be deemed to extend the Government's liability beyond that existing
under the Act at the time of such act or omission or to preclude the Government from using any defense available in
law or equity.
6.3.31 Default by Lessor(OCT 1996)
Each of the following shall constitute a default by Lessor under this Lease:
A.If the Lessor fails to perform the work required to deliver the leased premises ready for occupancy by the
Government with such diligence as will ensure delivery of the leased premises within the time required by the lease
agreement,or any extension of the specified time.
B.Failure to maintain,repair,operate or service the premises as and when specified in this Lease,or failure to
perform any other requirement of this Lease as and when required,provided such failure which shall remain uncured
for a period of time as specified by the RECO,following Lessor's receipt of written notice thereof from the RECO.
C.Repeated failure by the Lessor to comply with one or more requirements of this Lease shall constitute a default
notwithstanding that one or all failures shall have been timely cured pursuant to this clause.
If default occurs,the Government may,by written notice to the Lessor,terminate the lease in whole or in part.
6.3.32 Compliance with Applicable Laws(OCT 1996)
The Lessor shall comply with all federal,state and local laws applicable to the Lessor as owner or Lessor,or both,of
building or premises,including,without limitation,laws applicable to the construction,ownership,alteration or
operation of both or either thereof,and will obtain all necessary permits,licenses and similar items at Lessor's
expense.This Lease shall be governed by federal law.
6.3.33 Covenant Against Contingent Fees(AUG 2002)
The Lessor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon
an agreement or understanding for a contingent fee,except a bona fide employee or agency.For breach or violation
of this warranty,the Government shall have the right to annul this contract without liability or,in its discretion,to
deduct from the contract price or consideration,or otherwise recover the full amount of the contingent fee.
6.3.34 Anti-Kickback(JAN 2017)
The Anti-Kickback Act of 1986(41 U.S.C.51-58)(the Act),prohibits any person from(1)Providing or attempting
to provide or offering to provide any kickback;(2)Soliciting,accepting,or attempting to accept any kickback;or(3)
Including,directly or indirectly,the amount of any kickback in the contract price charged by a prime Contractor to
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Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier
subcontractor.
6.3.35 Examination of Records(AUG 2002)
The Comptroller General of the United States,the Administrator of FAA or a duly authorized representative from
either shall,until three(3)years after final payment under this contract have access to and the right to examine any
of the Lessor's directly pertinent books,documents,paper,or other records involving transactions related to this
contract.
6.3.36 Subordination,Nondisturbance and Attornment(JAN 2017)
A.The Government agrees,in consideration of the warranties and conditions set forth in this clause,that this Lease
is subject and subordinate to any and all recorded mortgages,deeds of trust and other liens now or hereafter existing
or imposed upon the premises,and to any renewal,modification or extension thereof.It is the intention of the parties
that this provision shall be self-operative and that no further instrument shall be required to effect the present or
subsequent subordination of this Lease.Based on a written demand received by the RECO,the Government will
review and,if acceptable,execute such instruments as Lessor may reasonably request to evidence further the
subordination of this Lease to any existing or future mortgage,deed of trust or other security interest pertaining to
the premises,and to any water,sewer or access easement necessary or desirable to serve the premises or adjoining
property owned in whole or in part by Lessor if such easement does not interfere with the full enjoyment of any right
granted the Government under this Lease.
B.No such subordination,to either existing or future mortgages,deeds of trust or other lien or security instrument
shall operate to affect adversely any right of the Government under this Lease so long as the Government is not in
default under this Lease.Lessor will include in any future mortgage,deed of trust or other security instrument to
which this Lease becomes subordinate,or in a separate non-disturbance agreement,a provision to the foregoing
effect.Lessor warrants that the holders of all notes or other obligations secured by existing mortgages,deeds of trust
or other security instruments have consented to the provisions of this clause,and agrees to provide true copies of all
such consents to the RECO promptly upon demand.
C.In the event of any sale of the premises or any portion thereof by foreclosure of the lien of any such mortgage,
deed of trust or other security instrument,or the giving of a deed in lieu of foreclosure,the Government will be
deemed to have attorned to any purchaser,purchasers,transferee or transferees of the premises or any portion
thereof and its or their successors and assigns,and any such purchasers and transferees will be deemed to have
assumed all obligations of the Lessor under this Lease,so as to establish direct privity of estate and contract between
Government and such purchasers or transferees,with the same force,effect and relative priority in time and right as
if the lease had initially been entered into between such purchasers or transferees and the Government;provided,
further,that the RECO and such purchasers or transferees shall,with reasonable promptness following any such sale
or deed delivery in lieu of foreclosure,execute all such revisions to this Lease,or other writings,as shall be
necessary to document the foregoing relationship.
D.None of the foregoing provisions may be deemed or construed to imply a waiver of the Government's rights as a
sovereign.
6.3.38 Sublease
The Government reserves the right to sublease the space covered under this Lease to another agency or private party
after notice is provided to the Lessor.In subleasing this space to another party the Government is not relieved from
its responsibilities under the terms of this Lease,unless otherwise agreed upon with the Lessor.
,I
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Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.3.39 Integrated Agreement(OCT 1996)
This Lease,upon execution,contains the entire agreement of the parties,and no prior written or oral agreement,
express or implied shall be admissible to contradict the provisions of this Lease.
6.3.40 Equal Opportunity(JAN 2017)
The Lessor shall have on file affirmative action programs required by the rules and regulations of the Secretary of
Labor(41 CFR 60-1 and 60-2).
6.3.41 Affirmative Action for Special Disabled and Vietnam Era Veterans(OCT 1996)
The Lessor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor(Secretary)
issued under the Vietnam Era Veterans'Readjustment Assistance Act of 1972(the Act),as amended. If the Lessor
does not comply with the requirements of this clause,appropriate actions may be taken under the rules,regulations,
and relevant orders of the Secretary issued pursuant to the Act.
6.3.42 Affirmative Action for Disabled Workers(JAN 2017)
The Lessor agrees to comply with the rules,regulations,and relevant orders of the Secretary of Labor(Secretary)
issued under the Rehabilitation Act of 1973 (29 USC 793)(the Act),as amended.If the Lessor does not comply with
the requirements of this clause,appropriate actions may be taken under the rules,regulations,and relevant orders of
the Secretary issued pursuant to the Act.
6.3.43 Unauthorized Negotiating(OCT 1996)
In no event shall the Lessor enter into negotiations concerning the space leased or to be leased with anyone other
than the RECO or his/her designee.
6.3.44 Inspection(OCT 1996)
The Government reserves the right,at any time after the Lease is signed and during the term of the Lease,to inspect
the leased premises and all other areas of the building to which access is necessary,to ensure a safe and healthy
work environment for the Government tenants and the Lessor's performance under this Lease. The Government shall
have the right to perform sampling of suspected hazardous conditions.
6.3.45 Contract Disputes(JAN 2017)
All contract disputes arising under or related to this Lease will be resolved through the FAA dispute resolution
system at the Office of Dispute Resolution for Acquisition(ODRA)and will be governed by the procedures set forth
in 14 C.F.R.Parts 14 and 17,which are hereby incorporated by reference.Judicial review,where available,will be
in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions.A Lessor may seek review of a
final Government decision only after its administrative remedies have been exhausted.
All contract disputes will be in writing and will be filed at the following address:
Office of Dispute Resolution for Acquisition,AGC-70
Federal Aviation Administration
800 Independence Avenue, S.W.,Room 323
Washington,DC 20591
Telephone: (202)267-3290
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Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
A contract dispute against the FAA will be filed with the ODRA within two(2)years of the accrual of the lease
claim involved.A contract dispute is considered to be filed on the date it is received by the ODRA.
The full text of the Contract Disputes clause is incorporated by reference.Upon request the full text will be provided
by the RECO.
SECTION 4 - FINANCIAL CLAUSES
6.4.1 System for Award Management-Real Property-SAM Waiver(JAN 2017)
The System for Award Management(SAM)is the Government's required method to receive vendor information.
However,you have been granted an exception to SAM and therefore must provide your initial payment information
and any future changes to your payment information to the RECO on a completed and signed"Vendor
Miscellaneous Payment Information"form,together with any other required notice under this lease.
6.4.2 Payment by Electronic Funds Transfer(JAN 2017)
All payments by the Government under this Lease will be made by electronic funds transfer(EFT).The Government
will make payment by EFT through the Automated Clearing House(ACH)network, subject to the rules of the
National Automated Clearing House Association.The rules governing federal payments through the ACH are
contained in 31 CFR Part 210.The Lessor is responsible for maintaining correct payment information with the
Government.If the Lessor's EFT information is incorrect or outdated,the Government is not required to make
payments to the Lessor until correct/current EFT information is submitted to the Government for payment
distribution.
SECTION 5 -DESIGN AND CONSTRUCTION CLAUSES
6.5.2 Work Performance(JUL 2010)
All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the
RECO.The RECO retains the right to reject the Lessor's workers 1)if such are either unlicensed,unskilled,or
otherwise incompetent,or 2)if such have demonstrated unacceptable performance in connection with work carried
out in conjunction with this Lease. In the event of such rejection,the Lessor shall offer substitute/replacement
workers, subject to the approval of the RECO.
6.5.21 Wiring for Telephones(JAN 2017)
The Government reserves the right to provide its own telephone service in the space to be leased.It may have inside
wiring and telephone equipment installed by the local telephone company or a private contractor.Alternately,the
FAA may wish to consider using inside wiring installed by the Lessor,if available.However,the final decision will
be made by the Government.
6.5.22 Installation of Antennas,Cables&Other Appurtenances(JAN 2017)
The FAA shall have the right to install,operate and maintain antennas,wires and their supporting structures,
including any linking wires,connecting cables and conduits atop and within buildings and structures,or at other
locations,as deemed necessary by the Government.The Government will coordinate with the Lessor when installing
antennas,cables,and other appurtenances.
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Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.5.24 Air Balance Report(JAN 2017)
Lessor shall provide an Associated Air Balance Council(AABC)Certified Air Balance Report performed by a
certified Mechanical Engineer based upon the approved Construction/Working Drawings. The report shall cover
typical air balance requirements for leased premises,and shall include all heating,ventilation,and air conditioning
(HVAC)equipment,including(but not limited to):
A.Roof top and/or ground mounted units
B.Trunk lines
C. Variable air volume(VAV)boxes
D.Ducting to the VAV boxes
E. Supply and return air grilles
F. Ducting to the supply and return air grilles
The results of the report shall comply with local codes and ASHRAE standards. If there is a conflict between the
local codes and ASHRAE standards,the ASHRAE standards will govern and control.
3.10.1-22 Contracting Officer's Representative(APR 2012)
(a)The Contracting Officer may designate other Government personnel(known as the Contracting Officer's
Representative)to act as his or her authorized representative for contract administration functions which do not
involve changes to the scope,price,schedule,or terms and conditions of the contract.The designation will be in
writing,signed by the Contracting Officer,and will set forth the authorities and limitations of the representative(s)
under the contract. Such designation will not contain authority to sign contractual documents,order contract
changes,modify contract terms, or create any commitment or liability on the part of the Government different from
that set forth in the contract.
(b)The Contractor shall immediately contact the Contracting Officer if there is any question regarding the authority
of an individual to act on behalf of the Contracting Officer under this contract.
SECTION 6 - GENERAL BUILDING REQUIREMENTS AND SPECIFICATIONS
CLAUSES
6.6.1 Doors(APR 2018)
Exterior doors shall be weather tight,equipped with cylinder locks and door checks,automatic door closures and
open outward. The Government will be furnished at least two master keys and two keys for each lock.Interior doors
must be solid cored and at least 32 by 80 inches with a minimum opening of 32 inches and be of sturdy construction.
Fire doors shall conform to NFPA Standard No. 80.As designated by the Government,doors shall be equipped with
non-removable hinge pins,and locks with 7-pin removable cores.The Government shall provide cores.Locks,
locking arrangements and latches shall be in accordance with local building and fire codes,as well as OSHA 29
CFR 1910.
6.6.2 Lighting(APR 2018)
Modern,diffused,energy efficient fixtures shall be provided that maintain a uniform lighting level of 50 foot
candles at working surfaces. Emergency lighting must provide at least 0.5 foot candles of illumination throughout
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Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
the exit path,including exit access routes,exit stairways,or other routes such as passageways to the outside of the
building.Additionally,normal and emergency egress lighting must comply with the requirements of local building
and fire codes as well as the Life Safety Code NFPA 101.
6.6.3 Adhesives and Sealants(JUL 2016)
The Lessor shall use adhesives and sealants that contain no formaldehyde,asbestos or heavy metals.
r
6.6.4 Ceilings(JAN 2017)
Ceilings must have acoustical treatment with a flame spread of 25 or less and smoke development rating of 50 or
less.
6.6.5 Floor Load(APR 2012)
All adjoining floor areas shall be:
A. Of a common level not varying more than 1/4 inch over a 10-foot,0-inch horizontal run in accordance with the
American Concrete Institute standards,
B.Non-slip,and
C.Accepted by the RECO.
Under floor surfaces shall be smooth and level.Office areas shall have a minimum live load capacity of 50 pounds
per square foot plus 20 pounds per square foot for moveable partitions. Storage areas shall have a minimum live
load capacity of 100 pounds per square foot including moveable partitions.A report showing the floor load capacity,
at no cost to the Government,by a registered professional engineer may be required by the RECO. Calculations and
structural drawings may also be required.
6.6.6 Painting(JUL 2017)
All surfaces must be newly painted with non-lead based paints in colors acceptable to the Government.All surfaces
must be repainted after working hours at Lessor's expense at least once every 5 years. Such repainting includes the
moving and returning of the furniture,including dismantling,moving and re-assembling the Government's systems
furniture,if directed by the Government,at the Lessor's expense.Any existing lead based paint must be properly
maintained and managed per existing federal,state,and local regulatory requirements. If there is chipping,flaking,
or peeling paint in the leased premises during the period of Government occupancy,it must be sampled for lead at
the Lessor's expense.If the paint contains lead,it must be abated at the Lessor's expense.This could be performed
either by removal or sealing with an encapsulating material.
6.6.7 Display Advertising(OCT 1996)
If the leased premises are solely for Government use,no advertising matter shall be constructed on or over the
premises,unless authorized by the RECO.
6.6.8 Erection of Signs(OCT 1996)
The Government shall have the right to erect on or attach to the Lessor's premises such signs as may be required to
clearly identify the Government's facility. Said signs so erected will remain the property of the Government and
shall be removed from the premises upon termination of the lease.
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Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.6.9 Window and Floor Covering(APR 2012)
All exterior windows shall be equipped with window covering.Floors will be carpeted with a commercial grade of
carpet acceptable(carpet tiles or carpet broadloom)to the Government.Existing floor and window coverings may be
accepted at the discretion of the RECO;however,prior to occupancy all carpeting and window coverings shall be
cleaned.
At no additional cost to the Government,the Lessor shall replace carpeting at least every 5 years during Government
occupancy or any time during the lease when:
A.Backing or underlayment is exposed,
B.There are noticeable variations in surface color or texture,and/or
C. The condition of the carpet is such that it presents a clear and present danger to pedestrians.
Replacement includes moving and return of furniture including dismantling,moving and re-assembling the
Government's systems furniture if directed by the Government.
6.6.12 Seismic Safety for Equipment(JAN 2017)
The Lessor shall ensure that building installed equipment is properly anchored to protect personnel during a seismic
event,in accordance with DOT Specification FAA-G-2100H,Electronic Equipment,General Requirements, Section
3.3.5,Personnel Safety and Health,and requirements for the seismic zone in which the facility is located.
SECTION 7- SERVICES,UTILITIES,AND MAINTENANCE CLAUSES
6.7.1 Service,Utilities,and Maintenance of Premises(APR 2018)
The Lessor shall maintain the leased premises, including but not limited to,the building,grounds,all equipment,
fixtures and appurtenances furnished by the Lessor under this Lease,in a good,clean and tenantable condition. The
Lessor shall provide the labor,materials,equipment and supervision necessary to ensure good repair and tenable
condition. Services and maintenance will be provided daily twenty-four(24)hours a day,and seven(7)days a
week. Services supplied to technical equipment will be supplied twenty-four(24)hours a day,and seven(7)days a
week.The Government will have access to the leased premises at all times, including the use of electrical services,
toilets,lights,elevators,and Government office machines without additional payment.The Lessor shall provide the
following,in addition to such services as are set forth elsewhere in this Lease:
A. Water(hot and cold)and sewer
B. Snow Removal
C. Trash Removal
D. Chilled drinking water
E.Window washing twice yearly
F. Replacement lamps,tubes and ballasts
G.Government to contract separately for janitorial services and utilities
Page 11
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.7.3 HVAC(JUL 2016)
All heating,ventilation and air-conditioning systems that service the leased space must maintain a temperature range
of 68-72 degrees Fahrenheit year-round or as dictated in the most recent version of ASHRAE Standard 62,
"Ventilation for Acceptable Indoor Air Quality"and ASHRAE Standard 55,"Thermal Environmental Conditions for
Human Occupancy".These temperatures must be maintained during hours of operation throughout the leased
premises and service areas regardless of outside temperatures.
In order to ensure that there is no degradation of air quality or air flow in the leased premises during the term of the
lease,the Lessor agrees to perform preventative maintenance as needed on all HVAC units(check for defects,
lubricate,make adjustments,change the filters,cleaned and make other necessary service requirements)to ensure
compliance.Lessor also agrees to service the VAV boxes annually(on or before each lease anniversary date).Such
service will include checking the temperature ranges,checking all speeds on each fan,cleaning the fans and other
components,replacing defective parts and completing other necessary repairs and maintenance.
6.7.4 Maintenance of Grounds,Walkways and Parking Areas(JAN 2017)
The Lessor shall maintain in good condition landscape plants,lawns,walkways and parking areas. The Lessor shall
also remove snow,ice and any other obstructions from the entrances,walkways and parking areas around the
premises,prior to and during the normal business hours set forth in the"Service,Utilities,and Maintenance of
Premises"clause.
6.7.5 Landscaping(JAN 2017)
A.Where conditions permit,the site shall be landscaped for low maintenance and water conservation with plants
that are either native or well-adapted to local growing conditions.
B.Landscape management practices shall prevent or minimize pollution by:
1.Employing practices which avoid or minimize the need for fertilizers and pesticides;
2.Prohibiting the use of the 2,4-Dichlorophenoxyacetic Acid(2,4-D)herbicide and organophosphates;and
3.Composting/recycling all yard waste.
C.The Lessor shall use landscaping products with recycled content required by Environmental Protection Agency's
(EPA's)Comprehensive Procurement Guidelines(CPG)for landscaping products.Refer to EPA's CPG web site,
https:llwww.epa.govlsmm/comprehensive procurement-guideline-cpg-program.
6.7.6 Pest Control(JAN 2017)
Pesticide application to exterminate and control pests within the leased premises can be performed per periodic
schedule for preventative maintenance and according to need with 24-hour notification to the facility manager.Prior
to any addition/change in type of pesticides or other chemical pest control,Lessor must provide 48-hour written
notice with applicable Safety Data Sheet(s)(SDS)to be provided to the facility manager for information and
acceptance with copy to the RECO.Herbicides/pesticides are not to be applied near the outside air intakes of the
building when the system is in operation,nor within the leased premises during normal working hours or when the
system is in operation.
Page 12
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
SECTION 8 -ENVIRONMENTAL OCCUPATIONAL SAFETY AND HEALTH
CLAUSES
6.8.3 Fire and Life Safety Requirements(APR 2018)
The facility,its systems and appurtenances must be in compliance with the following fire and life safety(FLS)
requirements:
A. Construction features of the building must comply with state and local building codes in effect at the time of
construction or most recent modification.
B.Maintenance and operations of the building must comply with the current edition of state and local fire safety and
fire prevention codes.
C. Construction features,maintenance and operations of the building must meet or exceed the minimum level of fire
and life safety specified by OSHA 29 CFR 1910.
Where compliance with the literal requirements of these standards has not been achieved,the Lessor must
document,in writing to the Government,the specific deviation(s)from these standards and the equivalencies or
alternative methods used by the Lessor as alternative methods of compliance.Each approach used as an alternative
method of compliance must be documented in accordance with the Equivalency and Technical Documentation
requirements of NFPA 101,signed by a Fire Protection Engineer,licensed in the subject property's state, and a copy
must be provided to the RECO.
As provided in this section,all codes,standards,orders and directives refer to the current edition in place at the
signing of this Lease.If construction or modifications to the leased premises are undertaken at any time during the
term of this Lease,fire protection and life safety systems must be brought into compliance where required by
applicable codes and standards according to the then-current edition of local codes and standards and all
requirements of OSHA 29 CFR 1910.The party initiating the construction or modifications is responsible for
funding the upgrade of fire and life safety systems.Construction or modifications to the leased facility must never
decrease the level of fire and life safety provided.
Regardless of local code requirements,when the leased space(including garage areas leased by the Government)is
on the 6th floor or above, or below grade,automatic sprinklers are required.All Airport Traffic Control Towers
must meet the requirements of OSHA's Alternate Standard for Fire Safety in Airport Traffic Control Towers and the
NFPA 101.Furthermore, leased buildings serving National Airspace System(NAS)air traffic control operations and
constructed after June 2012 must be fully protected with an automatic,electrically supervised sprinkler system
designed and installed in accordance with the requirements of NFPA 13.
When the leased space is located in multi-tenant buildings,the Lessor shall be fully responsible for the following:
A.Development of a building Emergency Action Plan(EAP)and Fire Prevention Plan.
B. Publishing and making copies of the EAP and Fire Prevention Plan,and making them available to all FAA leased
space occupants.
C. Conducting fire or other emergency evacuation drills at least annually.
D. Conducting review and modification of the EAP and Fire Prevention Plan at least annually.
E.Inviting the FAA to participate in the development,review and modification of the EAP and Fire Prevention Plan.
Page 13
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.8.4 Fall Protection(JAN 2017)
The Lessor shall ensure proper fall protection safety systems are in place for all work areas where Government
personnel are required to perform work at four feet or more above the next lowest level on fixed ladders and within
access points to elevated work areas in accordance with FAA Order 3900.19,FAA Occupational Safety and Health
Program,29 CFR 1910,Occupational Safety and Health Standards(General Industry),29 CFR 1926 Subpart M,
Safety and Health Regulations for Construction,and applicable regulatory required American National Standard
Institute(ANSI)Standards.All such elevated work surfaces(platforms,catwalks,roofs,etc.)must have OSHA
compliant guardrails,railings,toeboards and/or parapets where applicable to meet OSHA and ANSI requirements as
referenced herein.
6.8.6 Environmental and Occupational Safety Health(EOSH)Requirements(APR 2018)
The Lessor must provide space, services,equipment,and conditions that comply with the following EOSH
standards:
A.29 CFR 1910,Occupational Safety and Health Administration(OSHA) Standards(General Industry)
B.29 CFR 1926, Safety and Health Standards(Construction)
C.National Fire Protection Association(NFPA) 101
D.FAA Order 3900.19,FAA Occupational and Health Program
E.FAA Standard HF-STD-001,Human Factors Design Standard
F.National Fire Protection Association(NFPA)70,National Electrical Code,and NFPA 70E,Electrical Safety in
the Workplace
G.Local and state EOSH regulations.
H.Local and state fire codes and building codes
1. Federal,state and local EOSH(OSHA and EPA)standards and building codes must be complied with when
accomplishing any cleaning,construction,renovation,remodeling,maintenance activities or testing done in or on
the leased premises and areas connected to or integrated with the leased premises.Additionally,whenever FAA
standards require work processes or precautions to be provided,the Lessor will coordinate with the FAA before and
during the work so that the proper requirements are met.
Any equipment designed, installed,or used that presents a potential safety hazard shall be marked with appropriate
warning labels or placards,in accordance with 29 CFR 1910.145, Specifications for Accident Prevention Signs and
Tags,FAA HF-STD-001,Human Factors Design Standard,Chapter 12.16,Safety Labels and Placards,American
National Standards Institute(ANSI) Standard Z535.4,Product Safety Signs and Labels,and FAA-G-2100H,
Electronic Equipment,General Requirements, Section 3.3.5.4.
6.8.7 Recycling(JAN 2016)
Where state or local law,code,or ordinance requires recycling programs(including those for mercury containing
lamps)for the space to be provided,the Lessor shall comply with such state and/or local law,code,or ordinance.In
all other cases,the Lessor shall establish a recycling program for paper,corrugated cardboard,glass,plastics,and
metals to the extent practicable and where local markets for those recovered materials exist. The Lessor agrees,upon
request,to provide the Government with additional information concerning recycling programs maintained in the
building and in the leased space after lease execution.
Page 14
Lease No.697DCM-1 8-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.8.8 Indoor Air Quality(JUL 2017)
The Lessor must control contaminants at the source and/or operate the space in such a manner that the indicator
levels for carbon monoxide(CO),carbon dioxide(CO2),and formaldehyde(CH2O),are not exceeded.The
indicator levels for office area are as follows: CO less than 5 parts per million(PPM);CO2-700 PPM;CH2O-
0.027 PPM.All indoor air contaminant levels in leased space must be kept below appropriate OSHA regulations or
OSHA required consensus standards.Air quality and facility cleaning will be required and adequate to prevent the
growth of mold,mildew and bacteria.Any visual evidence of these will require immediate sampling and
remediation.Moisture/standing water must be controlled to prevent the growth of these.
During working hours,ventilation must be provided in accordance with the latest edition of ANSI/American Society
of Heating,Refrigerating,and Air-Conditioning Engineers(ASHRAE)Standard 62,Ventilation for Acceptable
Indoor Air Quality and ASHRAE Standard 55,Thermal Environmental Conditions for Human Occupancy.
The Lessor shall promptly investigate indoor air quality(IAQ)complaints and must implement controls including I
alteration of building operating procedures(e.g.,adjusting air intakes,adjusting air distribution,cleaning and
maintaining heating,ventilation and air conditioning QHVAC)systems,etc.).The FAA is responsible for addressing
IAQ problems resulting from its own activities.
The Lessor must provide SDS to the FAA facility manager and RECO for all chemicals cleaning solutions at least
24 hours prior to their use in the FAA spaces or other buildings that might affect air quality in the FAA space(s).
Materials should contain low or no Volatile Organic Compounds(VOC)and additional ventilation may be required
when using chemicals and cleaning solutions.
6.8.9 Mold Growth Identification and Control(JUL 2016)
I
The Lessor must control mold growth and their sources including excessive levels of moisture and humidity. j
Adequate air quality and facility cleaning is required to prevent the growth of mold,mildew,and bacteria.Any
visual evidence requires immediate sampling and remediation by the Lessor.
Following a water-intrusion event,the Lessor must identify the water source and immediately implement water-
extraction and-drying efforts.Once the water source is identified,the Lessor must take action to prevent additional
water damage and ensure that permanent fixes are in place prior to build-back and restoring building materials.
Within 24-48 hours of water damage from clean water sources(e.g.,water supply lines,rainwater,and snowmelt
from rooftops),all building materials must be dried to a moisture level to prevent mold growth.
All porous materials contaminated with sewage or other Category 2(e.g.,washing machine overflows,toilet
overflows,and non-feces waters)or 3(sewage backups and overflows from beyond toilet traps,feces,floodwaters,
and groundwater intrusion)water sources must be discarded.All non-porous material must be cleaned and
disinfected.
Mold remediation and cleaning must be conducted using recognized industry methods and practices(e.g.Institute of
Inspection, Cleaning and Restoration Certification(IICRC)S500 Standard and Reference Guide for Professional
Water Damage Restoration,IICRC-S520 Standard and Reference Guide for Professional Mold Remediation,2008,
and National Air Duct Cleaners Association(NADCA):Assessment,Cleaning and Restoration of HVAC Systems,
ACR 2006). State requirements concerning mold remediation contractors training and licensing must be followed.
The Lessor must coordinate with the FAA facility manager and RECO regarding all mold remediation operations.
g g p
The FAA must be afforded the opportunity to provide input in the mold remediation process.Biocides must be used
cautiously and in accordance with EPA requirements.A Certified Industrial Hygienist(CIH)must pre-approve the
use of EPA-approved biocides in air conveyance systems.
l
I
Page 15 i!
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.8.10 Drinking Water(APR 2018)
The Lessor must ensure that drinking water provided in the leased space meets the standards prescribed in the Safe
Drinking Water Act,42 U.S.C.300.The Lessor must test the sources of drinking water in the leased space(faucets,
drinking water fountains,ice machines,etc.)on a periodic basis,but no less than every three(3)years,to ensure
water quality(e.g.,lead,copper,total coliforms).If the Lessor performs plumbing and/or renovation work in the
leased space that impacts the drinking water(i.e.,replacement of water lines),the Lessor must test the drinking
water in the system affected by the plumbing and/or renovation work. The Lessor must implement corrective actions
if the drinking water test results are not acceptable under the Safe Drinking Water Act criteria.The Lessor must
notify the Government prior to performing all tests and provide a copy of any test report to the RECO and facility
management.
6.8.11 Halon(APR 2012)
Halon must not be used as a fire extinguishing system in any FAA leased space.
6.8.12 Radon(JAN 2017)
Lessor must provide the FAA with a Radon Evaluation Report for the leased facility when requested.Radon air
levels in leased premises to the FAA must not exceed the level of 4.0 picocuries per liter(pCi/L). If radon levels are
found to be at or above 4.0 pCi/L,the Lessor will develop and promptly implement a plan of corrective action,
including testing,to ensure radon air levels are maintained below 4.0 pCi/L at all times.Testing shall be done in
accordance with EPA State Radon Contract requirements.
6.8.13 Asbestos(APR 2018)
The Lessor must ensure that FAA personnel are protected from asbestos hazards,in accordance with:
A.29 CFR 1910.1001,Asbestos(General Industry)
B.29 CFR 1926.1101,Asbestos(Construction)
C.40 CFR 763, Subpart E,Asbestos Containing Materials in Schools,Asbestos Hazard Emergency Response Act
(AHERA)
D.40 CFR 61, Subpart M,National Emissions Standards for Hazardous Air Pollutants(NESHAP)
E. State and local asbestos regulations
The Lessor warrants that,notwithstanding inspection and acceptance by the Government or any provision
concerning the conclusiveness thereof,all leased space under this Lease will,at the time of acceptance and during
the term of this Lease,including all extensions thereof,comply with asbestos regulatory requirements.Leased space
may include,but is not limited to:
• Space above suspended ceilings in the leased space,
• Air plenums elsewhere in the building which service the leased space,
• Engineering spaces in the same ventilation zone as the leased space,and
• Public spaces and common use space(e.g.,lobbies,hallways).
The RECO must notify the Lessor in writing of any failure to comply with asbestos requirements within five(5)
days after the discovery thereof.All facilities are required to have a current and thorough asbestos building survey or
an asbestos free certification(in accordance with federal,state or local regulations,and including sampling of all
Page 16
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
materials that have the potential to contain asbestos)conducted by a qualified inspector,including a visual
examination and building sampling.All asbestos containing materials(ACM)survey reports must be sent to the
RECO and FAA facility management.
If ACMs are found to be in the leased space,either prior to acceptance or during the course of the lease agreement,
the Government reserves the right to require the Lessor,at no cost to the Government,to take corrective action as
required by OSHA,EPA,state and local requirements.In accordance with these regulations,the Lessor must post
asbestos warning labels and signs in accordance with OSHA regulations.
In addition,all construction by the Lessor is required to comply with OSHA,EPA,state and local requirements for
asbestos.Prior to the start of any construction,renovation or maintenance activities that impact building materials,
the Lessor must determine whether ACM will be impacted as part of the work.If ACM will be impacted,the Lessor
must notify the FAA and take corrective actions to prevent FAA employees from exposure to asbestos fibers.
Corrective actions must be coordinated with the FAA at least 30 days prior to the start of construction.
i
After ACM remediation is performed,the Lessor must adhere to regulatory required post-asbestos abatement air
monitoring program requirements.As a part of this process,the Lessor must provide the RECO and FAA facility
management with an asbestos re-inspection report indicating the location and condition of all remaining ACM in the
FAA leased areas and common areas of the facility.If the Lessor supplies the janitorial or maintenance contracts,
those employees must be informed of the presence and location of asbestos at the facility.
"Corrective Action",as used in this clause,means the removal,encapsulation or enclosure of ACM.All corrective
actions must be conducted by qualified,licensed asbestos abatement contractors in accordance with OSHA,EPA,
state,local and FAA requirements.
6.8.14 Warranty of Space(JAN 2016)
The Lessor warrants that all space leased to the Government under this contract must comply with federal,state,and
local regulations.The space leased is not limited to that set forth in this Lease,but shall also include spaces above
suspended ceilings in the leased space,air plenums elsewhere in the building which service the leased space,
engineering spaces in the same ventilation zone as the leased space,public spaces and common use space(e.g.,
lobbies,hallways).
6.8.15 Electrical Safety(APR 2018)
The Lessor must ensure electrical safety requirements are met,including grounding,bonding,shielding,control of
electrostatic discharge(ESD),and lightning protection requirements,in accordance with:
A.29 CFR 1910,Subpart S,Electrical
B.FAA Standard HF-STD-001,Human Factors Design Standard,Chapter 12.4,Electrical Hazards
C.DOT Specification FAA-G-2100H,Electronic Equipment,General Requirements
D.National Fire Protection Association(NFPA)70,National Electrical Code
E.NFPA 70E,Electrical Safety in the Workplace
F.American National Standards Institute/Institute of Electrical and Electronics Engineers(ANSMEE)Standard
1100-2005,Recommended Practice for Powering and Grounding Electrical Equipment
G.DOT Standard FAA-STD-019E,Lightning and Surge Protection,Grounding,Bonding and Shielding
Requirements for Facilities and Equipment
Page 17
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
The Lessor must ensure that electrical equipment and infrastructure meets minimum clear working space
requirements in accordance with 29 CFR 1910.303 and NFPA 70 Article 110.26,and is properly maintained and
documented in accordance with NFPA 70E.Any change in the electrical equipment requires review of the current
arc flash warning labels to determine if the arc flash warning labels posted meet the current safety requirements.
Contact FAA facility management for procurement of electronic equipment for applications in the National Airspace
System(NAS).
SECTION 9-SECURITY CLAUSES
6.9.1 Facility Security(JUL 2017)
Security requirements for Government occupied space must meet minimum-security accreditation standards for the
type of facility covered by this Lease.The FAA Facility Security Management Program defines facility security
accreditation standard levels.The security requirements identified below are tailored specifically for the type of
facility covered by this Lease.The Lessor shall provide or make accommodation to provide for all the security
requirements listed herein for the leased premises covered by this Lease agreement:
NONE
The local Servicing Security Element(SSE)will determine any additional security upgrades that are required to
meet accreditation and shall conduct a final security assessment of the building.The Lessor shall provide
maintenance services to the security upgrades installed by the Lessor within the leased premises and covered under
this Lease.
6.9.2 Foreign Nationals as Contractor Employees(OCT 2014)
A.Definition. "Foreign National'is any citizen or national of a country other than the United States who has not
immigrated to the United States and is not a Legal Permanent Resident(LPR)of the United States.
B.Each contractor or subcontractor employee under this contract,having access to FAA facilities,sensitive
information,or resources must be a citizen of the United States,or an alien who has been lawfully admitted for
permanent residence as evidenced by Alien Registration Receipt Card Form I-151,or who presents other evidence
from the U.S.Citizenship and Immigration Service that employment must not affect his/her immigration status.
C.Aliens and foreign nationals proposed under this contract must meet the following conditions in accordance with
FAA Order 1600.72A,chapter 5,paragraph 7&8:
1.Must have resided within the United States for three(3)of the last five(5)years unless a waiver of this
requirement is requested and approved in accordance with the requirements stated in FAA Order 1600.72A,chapter
5,paragraph 9;
2.A risk or sensitivity level designation can be made for the position;and
3.The appropriate security-related background investigation/inquiry can be adequately conducted.
D.Foreign nationals proposed under this contract must meet the following additional conditions:
1.Provide a current passport and place of birth in order to successfully pass a Security background check in
accordance with the FAA Order 1600.74,Visitor Policy,and
2. Successfully pass an export control review as outlined in FAA Order 1240.13 FAA Export Control Compliance.
Page 18
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
E.Interim suitability requirements may not be applied unless the position is low/moderate in risk,and/or temporary,
and/or is not in a critical area position.
6.9.3 Lessor Personnel Suitability Requirements(JAN 2017)
A.This clause applies to the extent that this Lease requires Lessor's employees,agents,subcontractors,or
consultants to have unescorted access to FAA:
1.Facilities;
2. Sensitive information;and/or;
3.Resources regardless of the location where such access occurs,and none of the exceptions of FAA Order
1600.72A,Lessor and Industrial Security Program,Chapter 5,paragraphs 4,6,7 and 8 pertain.
Definitions of applicable terminology are contained in the corresponding guidance and FAA Order 1600.72A,
Appendix A.
B. Consistent with FAA Order 1600.72A,the SSE has approved designated risk levels for the positions under the
lease.Those designated risk levels are:
RISK LEVEL 1
C.If a National Agency Check with Inquiries(NACI)or other investigation is required for a given position,the
Lessor will submit to the RECO a point of contact(POC)that will enter applicant data into the Vendor Applicant
Process(VAP)system(vap.faa.gov).VAP is a FAA system used to process and manage security information for
FAA contractor personnel.Each contract may have up to five(5)POCs.Once designated,a VAP administrator will
provide each POC a Web ID and password.
The type of investigation conducted will be determined by the position risk level designation for all duties,
functions,and/or tasks performed and will serve as the basis for granting a favorable employment suitability
authorization as described in FAA Order 1600.72A.If an employee has had a previous U.S.Government conducted
background investigation,which meets the requirements of Chapter 5 of FAA Order 1600.72A and Homeland
Security Presidential Directive 12(HSPD-12),it will be accepted by the FAA.However,the FAA reserves the right
to conduct further investigations,if necessary.The contract may include positions that are temporary,seasonal,or
under escort only.In such cases,an OPM Position Designation or FAA Form 1600-77 for each specific position will
be established,as the investigative requirements may differ from the NACI.
The following information must be entered into VAP by the POC for each applicant requiring an investigation:
1.Name;
2.Date and place of birth(city and state);
3. Social Security Number(SSN);
4.Position and office location;
5.Lease or Contract number;
6.Current e-mail address and telephone number(personal or work);and
7.Any known information regarding current security clearance or previous investigations(e.g.the name of the
investigating entity,type of background investigation conducted,contract number,labor category(position),and
approximate date the previous background investigation was completed).
If a prior investigation exists and there has not been a two(2)year break in service by the applicant,the SSE will
notify the Lessor that no investigation is required and that final suitability is approved.
If no previous investigation exists,the SSE will send the applicant an e-mail(this step may be delegated to the VAP
POC):
Page 19
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
1. Stating that no previous investigation exists and the applicant must complete a form through the Electronic
Questionnaires for Investigations Processing(eQIP)system
2.Instructing the applicant how to enter and complete the eQIP form;
3.Providing where to send/fax signature and release pages and other applicable forms;and
4.Providing instructions regarding fingerprinting.
The applicant must complete the eQIP form and submit other required material,within fifteen(15)days of receiving
the e-mail from the SSE.
For items to be submitted outside eQIP,the Lessor must submit the required information,with a transmittal letter
referencing the lease number to:
Headquarters Contracts:
Manager,Personnel Security Division,AIN-400
800 Independence Avenue,S.W.,Room 315
Washington,D.C.20591
Regional and Center Contracts:
Manager, Southwest Personnel Security Branch,AXP-520
10101 Hillwood Parkway
Fort Worth,Texas 76177
D.The Lessor must submit the information required by paragraph C of this clause,for any new employee not listed
in the Lessor's initial submission,who will have unescorted access to the leased premises.
E.The RECO will provide notice to the Lessor when any Lessor's employee is found to be unsuitable or otherwise
objectionable,or whose conduct appears contrary to the public interest,or inconsistent with the best interest of
national security.The Lessor must take appropriate action,including the removal of such employee from working
within the leased premises,at their own expense.Once action has been taken,the Lessor will report the action to the
RECO and SSE.
F.No Lessor's employee will work in a high,moderate,or low risk position unless the SSE has received all forms
necessary to conduct any required investigation and has authorized the Lessor's employee to begin work.
G.The Lessor must notify the RECO within one(1)business day after any employee identified pursuant to
paragraph C of this clause,is terminated from performance within the leased premises.This notification must be
done utilizing the Removal Entry screen of VAR If FAA issued the terminated employee an identification card,the
Lessor must collect the card and submit it to the SSE.
H.The Lessor must request a report from the VAP on at least a semiannual basis in order to reconcile discrepancies
and then must notify the SSE of these discrepancies as soon as possible.
1.The RECO may also,after coordination with the SSE and other security specialists,require Lessor's employees to
submit any other security information(including additional fingerprinting)deemed reasonably necessary,to protect
the interests of the FAA. In this event,the Lessor must provide,or cause each of its employees to provide,such
security information to the SSE,to meet the requirements of paragraph_C of this clause.
J.The Lessor and/or subcontractor(s)must contact the SSE within one(1)business day in the event an employee is
arrested(detained by law enforcement for any offenses,other than minor traffic offenses)or is involved in theft of
Government property,or the Lessor becomes aware of any information that may raise a question about the
suitability of a Lessor's employee.
K.Failure to submit information required by this clause,within the time required,may be determined by the RECO
as a material breach of the lease.
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Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
L.If subsequent to the effective date of this lease,the security classification or security requirements under this
contract are changed by the Government and if the changes cause an increase or decrease in direct contract costs or
otherwise affect any other term or condition of this lease,the lease will be subject to an equitable adjustment.
M.The Lessor agrees to insert terms that conform substantially to the language of this clause,including paragraph
K.but excluding any reference to the"Changes"clause of this lease,in all subcontracts under this lease that involve
access and where the exceptions under Chapter 5,FAA Order 1600.72A do not apply.
N.Lessor's employees who have not undergone a background investigation must be escorted at all times.In some
instances,a Lessor's employee may be required to serve as an escort.To serve as an escort,a Lessor's employee
must have a favorably adjudicated fingerprint check and initiated a NACI with FAA.
6.9.4 Access to FAA Systems and Government-Issued Keys,Personal Identity Verification(PIV)Cards,and
Vehicle Decals(JAN 2017)
A.It may become necessary for the Government to grant access to FAA systems or issue keys,PIV cards,vehicle
decals,and/or access control cards to Lessor's employees.Prior to or upon completion or termination of the work
required hereunder,the Lessor must return all such Government-issued items and submit a request to terminate all
user accounts on applicable FAA systems to the issuing office with notification to the RECO.When Lessor's
employees who have been issued such items are terminated or no longer required to perform the work,the
Government-issued items must be returned to the Government and a request submitted for the termination of FAA
system access within three(3)business days after termination of the employee.Improper use,possession or
alteration of FAA issued keys,PIV Cards and/or vehicle decals is subject to penalties under Title 18,USC 499,506,
701,and 1030.
B.In the event such keys,PIV Cards,or vehicle decals are lost,stolen,or not returned,the Lessor understands and
agrees that the Government may,in addition to any other withholding provision of the contract,withhold$100.00
for each key,PIV Card,and vehicle decal lost,stolen,or not returned.If the keys,PIV Cards,or vehicle decals are
not returned within thirty(30)calendar days from the date the withholding action was initiated,any amount so
withheld must be forfeited by the Lessor.
C.Access to aircraft ramp/hangar areas is authorized only to those persons displaying a flight line identification card
and for vehicles,a current ramp permit issued pursuant to Title 49,Part 1542,Code of Federal Regulations.
D.The Government retains the right to inspect inventory,or audit PIV Cards,keys,vehicle decals,and access
control cards issued to the Lessor in connection with the lease at the convenience of the Government.Any items not
accounted for,to the satisfaction of the Government will be assumed to be lost and the provisions of section B
apply.
E.Keys must be obtained from the facility manager who will require the Lessor to sign a receipt for each key
obtained.Lost or stolen keys,PIV Cards,vehicle decals,and access control cards must immediately be reported
concurrently to the RECO,facility manager and the SSE.Electronic keying cards are handled in the same manner as
metal keys.
F.Each employee,during all times of on-site performance at the Alliance Airport Traffic Control Tower—Fort
Worth,Texas,must prominently display his/her current and valid PIV card on the front portion of his/her body
between the neck and waist.Each PIV card holder must not affix pins,stickers,or other decorations to the PIV.
1.Prior to any Lessor's employee obtaining a PIV Card or vehicle decals,the Lessor is required to enter data for
each employee into the VAR From the information entered into the VAP,the SSE will determine whether final
suitability can be granted due to the existence of a previous investigation,or will initiate the Lessor's applicant into
the eQIP system so that the applicant can complete the investigative forms.Interim suitability cannot be granted
until the eQIP form is completed,and fingerprints and signature pages are submitted to the SSE.When an interim is
granted by the SSE,the individual may begin work under escort until their OPM fingerprint check has been returned
Page 21
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
and successfully adjudicated.Once the OPM fingerprint check has been successfully adjudicated,they can then be
badged.If the employee requires a PIV card,a fingerprint check must be completed and favorably adjudicated by
the SSE prior to approval or issuance of the PIV card.
2.To obtain the PIV card,Lessor's employee must submit an identification Card/Credential Application(DOT
1681)signed by the employee and by the authorized trusted agent(when applicable)and also by the authorized
sponsor to the RECO.The DOT 1681 must contain,as a minimum,under the"Credential Justification"heading,the
name of the Lessor/company,the lease number or the appropriate acquisition identification number,the expiration
date of the lease or the task(whichever is sooner),and the required signatures.The Lessor will be notified when the
DOT 1681 has been approved and is ready for processing.Arrangements for processing the identification cards,
including photographs and lamination can be made by contacting the RECO or the facility manager.
3.The Lessor must contact the SSE to obtain the procedures that the Lessor's employees must utilize to obtain their
PIV Card.
G.The Lessor is responsible for ensuring final out-processing is accomplished for all departing employees.Final
out-processing must be accomplished by close of business on the employee's final workday or the next day under
special conditions.The SSE must be notified in writing and ensure that all FAA media,including the PIV card,are
returned to the SSE.
SECTION 10 - CLOSING
6.10.1 Notices(JUL 2017)
All notices/correspondence shall be in writing,reference the Lease number,and be addressed as follows:
TO THE LESSOR:
City of Fort Worth Aviation Department
4201 N.Main Street, Suite 200
Fort Worth,Texas 76106
TO THE GOVERNMENT:
Department of Transportation
Federal Aviation Administration
Real Estate Branch,AAQ-920
10101 Hillwood Parkway
Fort Worth,Texas 76177
I�
Page 22
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
6.10.3 Signature Block(JUL 2017)
This Lease shall become effective when it is fully executed by all parties.
In witness whereof,the parties hereto have signed their names.
CITY OF FORT /WORTH
By: �a4�0 Grr, r.._..
APPROVED AS TO EU tra AiND LEGALITY:
Print Name:Fernando Costa
Title:Assistant City Manager Assistant Cit' 4:.::
Date:
Q lip rmked b Nk-C-tvbt oc o--d 3va
UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
By: l a&
Print Name: Glen D.Batts
Title:Real Estate Contracting Officer
Date: 05/20/2020
SECTION 11 —ATTACHMENTS/EXHIBITS/SPECIAL STIPULATIONS
6.11.1 Funding Responsibility for Government Facilities:
The Lessor agrees that any relocation,replacement,or modification of any existing or future Government facilities
covered by this lease during its term or any renewal thereof made necessary by airport improvements or changes
which in the Government's opinion interfere with the technical and/or operational characteristics of the
Government's facilities will be at the expense of the Lessor,except when such improvements or changes are made at
the written request of the Government. In the event such relocations,replacements,or modifications are
necessitated due to causes not attributable to either the Lessor or the Government,funding responsibility shall be
determined by the Government.
6.11.2 Interference with Government Operations:
The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on the
site or adjoining land within the airport boundaries that may interfere with the proper operation of the facilities
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Lease No.697DCM-18-L-00065
Airport Traffic Control Tower
Administrative Building
Alliance Airport
Fort Worth.Texas
installed by the Government under the terms of this lease unless consent hereto shall first be secured from the
Government in writing.
6.11.3 Removable Microwave Panels:
The Lessor shall accomplish the removal and reinstallation of the removable,fiberglass microwave panels if and
when requested by the Government,as long as the tower is owned by the Lessor. Any charges/costs associated with
the change-out by Lessor will be reimbursed under a supplemental agreement.
6.11.4 Lessor's Improvements:
The Lessor agrees to complete all improvements as specified in the list,identified as Exhibit"B",attached hereto
and made a part hereof. This includes all cost associated with the improvements including but not limited to,
construction costs,architectural fees and cost related to preparation of construction plans,construction management
fees,permit costs,applicable taxes,engineering fees,and any other costs required to complete any of the
modifications listed.
The Lessor will complete said improvements with diligence to ensure timely completion. The Lessor will keep
Contraction Officer's Representative advised of specific plans,status,and completion.
AttachmentlExhibit List
Number Title Number of
Pages
1 Exhibit"A"—Drawings/Floor Plans 2
2 Exhibit"B"—Lessor's Improvement List 1
3 Public Authorization Certificate 1
I
Page 24
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ALLIANCE ATCT
LESSOR'S IMPROVEMENT LIST
Replace lower level roof and dome
Roof Elevator Door/Roof Replacement
Concrete replacement/repairs/caulk/eclectic-pit walls and sidewalks
Drain repair around the base of the tower
Replace UPS system
Generator drain repair
Landscape replacements/improvements to be completed in 2 phases
Install New Carpet - lower levels
Re-carpet CAB and flooring from the 8th floor landing and stairs to CAB
Paint interior- lower level and Cab
HVAC replacement and DDC controls
New split system to generator (connect generator and HVAC to data room)
Replace exterior lighting along the wall and spine of tower
Replacement up-lighting around building
Replace interior tower cab lighting and ceiling
Replace all lights with LED fixtures from the basement and first floor
Security System and access control (security gates and facility access control)
Reseal/caulk tower wall and replace fabric on cone (includes scaffolding)
Seal sandstone on tower CAB walls
Panel gasket/joint sealants
Joint repairs of wall along Aviator (remove/replace and seal wall)
Paint catwalk - lower level
Replace stucco and rigis insulation
Fire suppression system upgrade
Paint exterior metal frames
Defogging system and water filter for tower CAB
Replace tower CAB cabinets
Sump pump replacement in the basement
Breakroom remodel
Bathroom remodel
Annual recurrent generator maintenance
Annual cleaning of tower wall
Replace corroded raised floor supports
Exhibit "B"
Lease No. 697DCM-18-L-00065
(ASW)Airport Traffic Control Tower&Administration Building
Alliance Airport
Fort Worth, Texas
PUBLIC AUTHORIZATION CERTIFICATE
On this day of l`►\T'`� , 20 W, I certify
that I am the ASSi5tt of the City of Fort Worth named in the
attached agreement; that who signed said agreement on
behalf of the City of Fort Worth is f�e, ASSiS�bt�- G , .MA of said City of Fort Worth;
that said agreement was duly signed for and on behalf of the City of Fort Worth by authority of
its governing body, and is within the scope of its powers.
Signed '__5�
2.6.1.2 Public Authorization Certificate
August 2018
OMB Control No.2120-0595 Pg. 1
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Real Property Manager
Barbara Goodwin
Print Name
ATTEST:
By. 00
a
U �A.
Mary Kayser v do A
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City Secretary v° °_
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XASaAb
FAA TOWER LEASE No.697DCM-18-L-00065
Airport Traffic Control Tower OFFICIAL RECORD
Administration Building
Alliance Airport CITY SECRETARY
Fort Worth,Texas FT. WORTH, TX
2/26/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTWORTII
DATE: 5/5/2020 REFERENCE **M&C 20- LOG NAME: 55AFW FAA ATC LEASE
NO.: 0302 AGREEMENT
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize the Execution of a New Building Lease Agreement with the Federal Aviation
Administration for the Air Traffic Control Tower at Fort Worth Alliance Airport for the Annual
Amount of$154,728.00 (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Building Lease Agreement with
the Federal Aviation Administration for the Air Traffic Control Tower at Fort Worth Alliance Airport in
the annual amount of$154,728.00.
DISCUSSION:
On December 2, 2008, (M&C C-23197)the City Council authorized the execution of a Ten-Year
Building Lease Agreement (Lease)with the Federal Aviation Administration (FAA)for the Air Traffic
Control Tower(ATCT) at Fort Worth Alliance Airport. That Agreement expired on September 30,
2018. Since that time, the Aviation Department and the FAA have operated under month-to-month
extensions while negotiating the terms of a new Agreement to bring lease rates in line with current
local commercial rates as well as include recovery of the capital improvement costs for the facility.
The Lease will consist of approximately 5,635 square feet of floor space situated in the Alliance
Airport ATCT, located at 2300 Alliance Boulevard, Fort Worth, Texas. The total 5,635 square feet of
space will be used for: control cab (700 square feet), administrative base building (4,000 square feet),
equipment room in base building (675 square feet) and equipment space, tower shaft (260 square
feet).
Total revenue generated will be approximately$154,728.00 annually, payable in monthly installments
of$12,894.00. This is based upon the rate of approximately$27.46 per square foot and adjusted to
achieve an even $12,894.00 per month. This rate is necessary to cover capital improvements,
maintenance expenses and upkeep along with other services for the building. The total payment of
$154,728.00 consists of:
(Base Rent Approx. $15.50 / square foot 1$87,333.40 annually
Operating Expenses I Approx. $11.96 / square foot $67,394.60 annually
Total Amount Due Approx. $27.46 / square foot $154,728.00 annually
The term of the Lease will be for ten (10)years to commence on October 1, 2019 and expire on
September 30, 2029, provided that adequate appropriations are available from year to year. The new
rental rate is retroactive from October 1, 2019 to the execution date of the lease meaning that the first
payment from the FAA will include rental payments for the months of October, November and
December of 2019 and January, February, March, April and May of 2020. Beginning October 1,
2020, and each year after, the Government shall reimburse the Lessor for actual operating expenses
incurred each Government fiscal year(October 1 —September 30). These costs will be based on the
ratio of square feet occupied by the Government to the total rentable square feet in the building.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and execution of
the lease, funds will be deposited into the Municipal Airport Fund. The Aviation Department (and
Financial Management Services) is responsible for the collection and deposit of funds due to the City.
apps.cfwnet.org/councii—packet/mc—review.asp?ID=27871&councildate=5/5/2020 1/2
2/26/2021 M&C Review
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID L ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Fernando Costa (6122)
Originating Department Head: Bill Welstead (5402)
Additional Information Contact: Ricardo Barcelo (5403)
ATTACHMENTS
Exhibit A and B.pdf
apps.cfwnet.org/council_packet/mc_review.asp?ID=27871&councildate=5/5/2020 2/2